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Louisiana Preliminary Notice, Private Work

LouisianaPreliminary Notice-Private Work

Warning: All information contained within this data base is subject to change at any time by the various states and is not guaranteed in any way by FWM Software. Nor does FWM Software assume any liability or responsibility for it's content. Please use in conjunction with advice from your attorney.

Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Time Constraints: A private notice preliminary notice is required under certain conditions:

1) Prime contractors: Must record a Notice of Contract with the Recorder of Mortgages (Parish Recorder's) office prior to commencing work if the estimated price of the work exceeds $25,000.00. If filed, this notice effects filing requirements for mechanic's liens for sub-contractors and Material men (see Louisiana Bond or Lien Claim, Private Works, memo for more information).

2) Subcontractors and Material men: There is no statutory requirement for a preliminary notice, although we recommend sending one.

Warning: A seller of movables that are used or incorporated into the immovable job are required to deliver a Notice of Non-Payment at least 10 days before filing a lien (See Louisiana Notice of Non-Payment, Private Work, for more information).

Under the statutory definition, a subcontractor may be considered a general contractor under some conditions;

3) Equipment Lessors and providers of Movables: Must also present copies of the lease to owner and prime contractor within 10 days after movables are first placed on the job site;

4) Subconsultants (Architects, engineers, surveyors, etc.): Must give Preliminary Notice to owner with 30 working days after subconsultant enters into a written contract of employment;

All Cases: Serve a copy of the Preliminary Notice (and other documents, were required) within the statutory time periods noted above by certified mail or personal service upon the owner, prime contractor and sureties, if any.

If necessary, the program will print a Notice of Contract for you.

Information Requirements: The type of document you need, the information required by the program and whether you intend to send an owner cover letter and a Notice of Contract.

Procedures: Enter the program data, including Additional Legal Parties or Releases for Other Companies. Serve a copy of the preliminary notice on the owners, prime contractors and sureties within the time frames described above along with any other required documentation. Service on your customer is optional. If you are a prime contractor, also file a Notice of Contract with the Recorder of Mortgages.